Chapter 6

Water Quality Policy

Oscar Melo and Javiera Perez

Abstract This chapter describes and analyzes water quality policy in Chile. To this
end, the Chilean institutions and regulations of greater relevance to water quality
issues are described. Subsequently, the main regulatory instruments used, and their
implementation, are presented together with the definitions of the main existing
prevention or remediation instruments. Finally, the decrees that conform the envi-
ronmental regulation of the country are outlined. The policies that regulate the envi-
ronmental quality of the waters in Chile have advanced significantly and a system
that potentially will guarantee the quality of the waters is already in place. However,
water resources that have secondary quality standards in place are to this date only
a very small fraction. Thus, a more decisive push to add more areas is needed for the
regulation to have a significant effect in the country.

Keywords Water quality · Secondary standards · Water policy · Water regulation ·

Chile

6.1 The Chilean Environmental Institutional Framework

Chile‘s environmental institutional framework is constituted both by elements of

coordination and by a hierarchical authority represented by the Minister of the
Environment. This environmental institutional arrangement has organizations of
different hierarchy, in a vertical and functionally-decentralized structure. The
Ministerio de Medio Ambiente (MMA – Ministry of the Environment) is in charge
of defining policies and norms of environmental regulation. Additionally, the MMA
is supported by the Consejo de Ministros para la Sustentabilidad (CMS – Council of

O. Melo (*)
Department of Agricultural Economics, Global Change Center, and Water Law and
Management Center, Pontificia Universidad Católica de Chile, Santiago, Chile
e-mail: omelo@uc.cl
J. Perez
Department of Agricultural Economics, Pontificia Universidad Católica de Chile,
Santiago, Chile
e-mail: jiperez3@uc.cl

© Springer International Publishing AG, part of Springer Nature 2018 87

G. Donoso (ed.), Water Policy in Chile, Global Issues in Water Policy 21,
https://doi.org/10.1007/978-3-319-76702-4_6
88 O. Melo and J. Perez

Fig. 6.1 Environmental institutional framework (Source: Adapted from Boettiger 2010)

Ministers for Sustainability), which provides a multisectoral characteristic to the

discussion of environmental issues and is responsible for approving the policies and
regulations proposed by the MMA. The CMS is chaired by the Minister of the
Environment and is integrated by the Ministers of Agriculture, Finance, Health,
Economy, Development and Tourism, Energy, Public Works, Housing and Urban
Planning, Transport and Telecommunications, Mining and Planning. Among the
functions of the CMS, is to propose to the President of the Republic policies for the
sustainable management and use of renewable natural resources, together with the
associated sustainability criteria.
On the other hand, the Servicio de Evaluación Ambiental (SEA – Environmental
Assessment Service) is responsible for administering the Sistema de Evaluación de
Impacto Ambiental (SEIA – Environmental Impact Assessment System), which is
one of the main environmental management instruments in Chile. The audit of envi-
ronmental instruments and standards is a function of the Superintendencia del
Medio Ambiente (SMA – Superintendence for the Environment), which establishes
an integrated system of environmental control with a single sanctioning system,
consisting of a sanctioning procedure with exclusive competence of the SMA. Finally,
the Tribunal Ambiental (TA – Environmental Court) has the power to resolve envi-
ronmental disputes, claims of illegality, and requests for authorizations. Figure 6.1
summarizes Chile’s environmental institutional framework.
The functions of the MMA include the creation, promotion and enforcement of
policies, norms, plans and environmental programs related to environmental man-
agement and sustainable use of renewable natural resources at a national level. The
MMA also develops policies on waste management, contaminated soils, climate
change, and recovery and conservation of biodiversity.
Likewise, the MMA is responsible for generating environmental quality and
emission standards, together with the establishment of prevention and decontamina-
6 Water Quality Policy 89

tion plans. In turn, proponents of new projects must submit environmental impact
assessment reports, so as to determine whether or not the environmental impact of
an activity or project conforms to current standards.
The main environmental legal body is Law N° 19.300 (1994), initially approved
in 1994 but later modified multiple times. The 2010 reform created the SEA and the
SMA, which are functionally decentralized bodies, subject to the supervision of the
President of the Republic through the MMA. The objective of the SEA is to manage
and administer the environmental protection tool, the SEIA, along with managing
information on environmental permits and unifying various environmental criteria,
requirements and conditions. According to the same law, the SMA fulfills the func-
tion of supervising compliance with environmental management standards and
instruments, along with sanctioning in case of non-compliance. The SMA manages
an integrated environmental control system to ensure compliance with the environ-
mental regulations contained in the management instruments. The responsible body
for oversight and sanctioning powers of the SMA is the TA, which resolves all
conflicts or legal disputes of an environmental nature. Although not part of the ordi-
nary judiciary system, the TA depends on the Supreme Court’s directive, correc-
tional and economic superintendence.
Within the agencies dependent or coordinated by the MMA, are the Regional
Ministerial Secretariats, the National Advisory Council, and the Regional Advisory
Councils. In each region of the country, there is a Secretaria Regional Ministerial
(SEREMI – Regional Ministerial Secretariat), technically and administratively
dependent of the Minister of the Environment. Each SEREMI is responsible of
exercising the Ministerial duties stipulated by the environmental laws, together with
assisting the regional government in the incorporation of environmental criteria for
the elaboration of plans and strategies for regional development. In addition, they
must collaborate with the respective municipalities in matters of environmental
management. Part of the function of the SEREMI is the coordination of the proce-
dure of declaring zones of the territory as latent or saturated, as long as the target
area is in the region of the Secretariat. The SEREMI is also responsible for provid-
ing information for elaborating prevention or decontamination plans, together with
providing the material means for the operation of the Regional Advisory Council.
The purpose of the National Advisory Council is to resolve the consultations
made by the MMA and the CMS. The Council is also requested to express its non-­
binding opinions on draft laws and supreme decrees setting standards of environ-
mental quality, preservation of nature and conservation of environmental heritage,
prevention and decontamination plans, special emission regulations and emission
standards submitted to them. In each region of the country, there is a Regional
Advisory Council for the Environment, which is responsible for resolving the con-
sultations made by the Intendant (a sub-regional authority), the Regional Government
or the SEREMI.
90 O. Melo and J. Perez

6.2 Environmental Regulation in Chile

The regulatory framework for the control of air, water and soil pollution in Chile is
based, in part on primary and secondary environmental quality standards. The pri-
mary quality standards establish pollutant concentration levels and their respective
maximum or minimum duration, whose presence or absence in the environment
may constitute a risk to the life or health of the population. Meanwhile, the second-
ary quality standards establish pollutant concentrations levels and maximum or
minimum duration, whose presence or absence in the environment may constitute a
risk for the protection or conservation of the environment.
In order to dictate environmental quality standards, the authority must carry out
a General Analysis of the Economic and Social Impact of the proposed quality stan-
dards (Análisis General de Impacto Económico y Social – AGIES) and consulta-
tions with competent bodies and stakeholders. The Minister of the Environment,
who manages the information in order to control the environmental quality of air,
water and soil, must review all environmental quality standards.
As shown in, Fig. 6.2 the primary quality standards depend on the Ministry of the
Environment and the Ministry of Health. On the other hand, the secondary quality
standards depend on both the Ministry of the Environment and the sectoral minis-
tries concerned according to the subject matter. The same is true in the case of emis-
sion standards, which establish the maximum permitted amounts of a pollutant in
emissions, effluents or waste. These emission standards can be used when imple-
menting a prevention or decontamination plan. These plans are used to prevent the
quality standard level from being reached or exceeded.
Through an initiative or mandate from the Government, a surveillance analysis is
activated that determines the need to create an environmental quality control pro-
gram. Once the analysis is completed, the criteria to establish various regulations
are set. Once the quality standards are established, the affected area is declared as:
latent zone, saturated zone, or without effect. The latter category is declared when
the concentration of pollutant found corresponds to less than 80% of the standard
set by the Ministry. A latent zone is declared when the concentration of pollutant is
higher than 80% of the set level. If a zone is declared as latent, a prevention plan is
developed aiming at re-declaring the zone as without effect, that is, with a contami-
nation level between 0 and 80%. In the case of an area with a level of 100% or more
pollutant than the standard, the zone is declared saturated. Under this category, a
Decontamination Plan is carried out in order to lower pollutant levels and return to
the latent zone category, and then to the zone without effect.
In accordance with Law N° 19.300 (1994), both prevention and decontamination
plans may use emission standards, tradable emission permits, emissions taxes, or
user fees, along with other management-oriented instruments to promote environ-
mental improvement and repair actions.
While this legislation seeks to regulate pollutant levels, the regulations do not
cover all types of pollutants and are only used in certain sectors of activity (CEPAL –
6 Water Quality Policy 91

Fig. 6.2 Environmental regulatory scheme (Source: Adapted from Villalobos 2016)

OCDE 2016), thus Chilean regulations on emissions of air pollutants and wastewa-
ter discharge are incomplete.
According to Chilean legislation, a primary environmental quality standard must
be the same throughout the national territory. This corresponds to the principle that
guarantees that all citizens have the right to the same minimum level of environmen-
tal quality (Brzovic and Almazora 2006). On the other hand, secondary quality stan-
dards are established for specific geographic areas, taking into account the
environmental peculiarities of the area in which they will be applied.
Both emission standards and quality standards must be reviewed every 5 years.
Compliance with a primary quality standard is verified by measurements where
human settlements exist. Secondary quality standards are measured in the corre-
sponding medium and emission standards are measured in the effluent of the source
and within a given period of time.
92 O. Melo and J. Perez

6.3 Quality Standards Enactment Procedure

According to Law N° 19.300 (1994), the issuance of environmental and emission

quality standards must comply with a procedure specified by a guideline which is
illustrated in Fig. 6.3 (Decreto 38, 2012). This process comprises a step for the
elaboration of the preliminary draft, which includes the creation of operational com-
mittees that intervene in the dictating of the norms. The processing of the issuance
gives rise to a public dossier containing the decisions issued, the consultations eval-
uated, the observations, as well as all the antecedents, data and documents related to
the dictation of the norm. Subsequently, the Minister has to commission scientific
studies and request background information necessary for the formulation of the
standard. Once the studies and other required antecedents are received, their merit
is analyzed.
A General Analysis of the Economic and Social Impact (AGIES – Análisis
General de Impacto Económico y Social) is carried out, which evaluates the costs
and benefits of the emission or quality standards for the population, for the owners
of regulated sources or activities, and for the State as responsible for the audit of the
same.
Once the preliminary draft has been prepared, the Minister dictates the resolution
where he approves it, and then submits it for consultation. The Minister then requests

Fig. 6.3 Regulation for the dictation of environmental quality and emission standards (Authors
own elaboration based on Decree 38)
6 Water Quality Policy 93

the opinion of the National Advisory Council and the Regional Advisory Councils,
which have 60 working days for the dispatch of their opinion to the Ministry. Within
the same days, any natural or legal person may comment on the contents of the draft
standard.
In the next 120 days, the final draft of the standard is elaborated, which is sent to
the Council of Ministers of Sustainability (CMS) for discussion. In the event that
the CMS pronouncement is favorable, the final draft of the standard is submitted to
the consideration of the President of the Republic.
Finally, a supreme decree establishing primary or secondary environmental qual-
ity, or emission standards are subject to a complaint to the competent environmental
court for a period of 30 days after the publication in the Official Newspaper by any
person who considers that it does not conform to law.

6.4 Environmental Water Standards in Chile

The previous sections presented the institutional framework, regulatory scheme,

and procedure for enacting environmental standards in Chile. This section presents
the current water quality regulations in the country.

6.4.1 Emission Standards for Waters

Table 6.1 presents the four emission standards for water in effect in Chile. The
objective of these standards is to control the amount of pollutants present in the
effluents of each sector in which the standard is applied. Three of these standards
are of general geographical application and seek to regulate the amount of pollut-
ants discharged as liquid waste to: marine and continental waters, sewage systems,
and aquifers. Meanwhile, the fourth standard applies to a particular area (Caren
estuary) and regulates the discharges of molybdenum and sulphates from deposits
of mining tailings to the estuary. The regulations also establish the agencies respon-
sible for the oversight.

6.4.2 Primary Quality Standards for Water

The two primary water quality standards in effect in Chile, whose area of action
covers the entire national territory, are presented in Table 6.2. Both standards came
into force in 2009 and its supervisory body is the sanitary authority. In order to
ensure the health of people, these standards aim to protect both the quality of inland
surface waters, and marine and estuarine waters.
 94

Table 6.1 Emission standards for waters

Entry into
Standard Description Objective Regulated parameters Supervisory body force
Decree For the Prevent contamination of PH, temperature, total suspended solids, Superintendence of sanitary September
N° 90 regulation of marine waters and settleable solids, oils and fats, hydrocarbons services, General Directorate 2000. In the
pollutants continental surface of the fixed, total hydrocarbons, volatile hydrocarbons, of the maritime territory and review
associated Republic, through the BOD5, aluminum, arsenic, boron, cadmium, merchant marine and health process. A
emission control of pollutants cyanide, chloride, copper, total chromium, services, as appropriate. 2011, after
standard to associated with liquid wastes hexavalent chrome, Tin, fluoride, total 5 years, is in
discharges of that are discharged to these phosphorus, iron, manganese, mercury, the final stage
liquid waste to bodies. molybdenum, nickel, total kjeldahl nitrogen, of review of
marine and nitrite more nitrate, pentachlorophenol, lead, continuous
inland waters. selenium, sulfate sulfur, tetrachloroethene, improvement
toluene, trichloromethane, xylene, zinc, phenol
index, to foam, SAAM, fecal coliforms or
thermotolerant.
Decree Establishes Improve the environmental Oils and fats, aluminum, arsenic, boron, Superintendence of health August 19,
609 emission quality of wastewater, public cadmium, cyanide, copper, total chromium, services and health services 1998.
standard for provision of these services hexavalent chromium, BOD5 phosphorus, total Currently in
the regulation running into terrestrial or hydrocarbons, manganese, mercury, nickel, the review
of marine water bodies through ammonia nitrogen, PH, lead, power foam, process.
contaminants the control of polluting fluids settleable solids, total suspended solids, sulphate
associated of industrial origin, which (dissolved), sulfur, temperature.
with discharged into the sewer.
discharges of
industrial
waste liquids
to sewage
systems.
O. Melo and J. Perez
 6

Decree Emission Prevent contamination of Oils and fats, aluminum, arsenic, benzene, boron, Superintendence of sanitary January 7,
46 standard that groundwater, through waters cadmium, cyanide, chloride, copper, total services and the services of 2003. In the
determines the control of the disposal of chromium, hexavalent chromium, fluoride, health, as appropriate. review
maximum liquid waste which seep manganese, mercury, molybdenum, nickel, total process. A
concentrations through the ground into the nitrogen, pentachlorophenol, lead, selenium 2011, after
of aquifer. With the above, sulphates, sulphides, tetrachloroethene, toluene, 5 years, is in
contaminants helps to maintain the trichloromethane, xylene and zinc. the final stage
allowed in environmental quality of of review of
Water Quality Policy

liquid residues groundwater. continuous

that are improvement.
download –
two by the
source,
through the
soil, areas
saturated
aquifer,
through works
aimed to
infiltrate it.
Decree Emission Protection of the water Molybdenum and sulphates Superintendence of health August 26,
80 standard for resources of the Caren services 2006
molybdenum estuary, located in the
and sulphates municipality of Alhué in the
of downloads metropolitan region, through
effluents from the regulation of discharges
tailing dams to to the Caren estuary of liquid
the Caren waste from of tailing dams,
estuary. containing sulphate and
molybdenum.
Source: MMA (2011)
95
96 O. Melo and J. Perez

Table 6.2 Primary water quality Standards

Supervisory Entry into
Standard Description Objective Regulated parameters body force
Decree Primary standards Protect the Color, PH, cyanide, Health March 27,
143 of environmental quality polychlorinated authority 2009
quality of inland superficial biphenyls (PCBs),
surface waters in continental benzo (a) pyrene,
the territory of the waters in order carbon tetrachloride,
Republic, suitable to safeguard dichloromethane,
for recreation with the health of 2,4-diclorofeno acid
direct contact. the people. xiacetrico (2,4-D),
aldrin and dieldrin;
altrazina; carbofuran;
chlordane;
chlorothalonil;
cyanazina; heptachlor,
lindane, simazine;
trifluralin, arsenic,
cadmium, chromium,
mercury, lead, fecal
coliforms.
Decree Standards primary Protect the Color, PH, cyanide, Health April 7,
144 environmental quality of arsenic, cadmium, authority 2009
quality of marine marine waters chromium, mercury,
waters and estuary, and estuary in lead, fecal coliforms.
in the territory of order to
the Republic, safeguard the
suitable for health of the
recreation with people.
direct contact.
Source: MMA (2011)

6.4.3  econdary Quality Standards for Surface Continental

S
Waters in Chile

Secondary water quality standards have the function of protecting, maintaining or

recovering the quality of surface inland waters, to protect and conserve aquatic eco-
systems, maximizing social, economic and environmental benefits (CONAMA
2004). To date, there are six secondary quality standards related to water resources
(Table 6.3): two for lakes (Lake Llanquihue and Lake Villarrica) and four for river
basins (Serrano River, Maipo River, Valdivia River and Biobío River).
The first surface secondary quality standard was published in March 2010, for
the Serrano River Basin, located in the Magellan and Chilean Antarctic region. The
Serrano River Basin covers an area of 6673 km2 and includes almost the entire sur-
face of the Torres del Paine National Park and part of the Bernardo O’Higgins
National Park. According to the Froward Center for Environmental and Antarctic
Law (2009), the signal given by the publication of the first secondary standard was
Table 6.3 Secondary quality standards for surface water
6

Standard Description Objective Regulated parameters Supervisory body Entry into force
Decree Environmental quality Protect and maintain the bodies Aluminum, cadmium, chloride, Directorate-­General for water March 19, 2010
75 standards for the or water courses of exceptional copper, fecal coliform bacteria, and agricultural and livestock
protection of inland quality in the basin of the Serrano conductivity, chromium, iron, service.
surface waters of the river, which secure their qualities manganese, mercury,
basin of the Serrano as site of tourist, scenic and molybdenum, nickel, dissolved
river. environmental value in order to oxygen, ph, lead, ras, selenium,
Water Quality Policy

safeguard the use of water sulfate and zinc.

resources, the aquatic
communities and ecosystems;
maximizing the environmental,
social and economic benefits.
Decree Environmental quality Maintain the quality of the waters Conductivity, ph, dissolved Directorate-­General water June 4, 2010
122 standards for the of Lake Llanquihue and prevent oxygen, turbidity, silica, cod, and General Directorate of
protection of the anthropogenic eutrophication, transparency, total nitrogen, total maritime territory and
waters of Lake providing management tools to phosphorus, chlorophyll. merchant marine.
Llanquihue. contribute to the maintenance of
current oligotrophic condition.
Decree High standards of Protect the quality of the waters Target Trophic level, Superintendence of the October 16,
19 environmental quality of the Lake, in way of preventing transparency, dissolved environment, in coordination 2013
for the protection of an accelerated increase in trophic phosphorus, total phosphorus with the Directorate General
inland surface waters status, caused by anthropogenic saturation of oxygen, dissolved of water and the General
of Lake Villarrica. activity within its watershed. nitrogen, total nitrogen, and Directorate of the maritime
chlorophyll. territory and merchant
marine.
Decree High standards of Conserve or preserve water Oxygen dissolved, electrical Superintendence of the July 4, 2014
53 environmental quality ecosystems and its ecosystem conductivity, pH, chloride, environment, with the
for the protection of services through the maintenance sulfate, biochemical demand of collaboration of the Ministry
inland surface waters or improvement of the quality of oxygen, nitrate, orthophosphate, of the environment, the
of the Maipo River the waters of the basin. dissolved lead, lead dissolved, Directorate General of water
basin dissolved nickel, dissolved zinc, and the agricultural and
97

dissolved chromium. livestock service.

(continued)
 98

Table 6.3 (continued)

Standard Description Objective Regulated parameters Supervisory body Entry into force
Decree High standards of Conserve or preserve water pH, oxygen dissolved, electrical Superintendence of the 27 November,
1 environmental quality ecosystems and its ecosystem conductivity, sulphate, sodium, environment, with the 2015
for the protection of services, through the chloride, DOD, total aluminium, collaboration of the Ministry
inland surface waters maintenance or improvement of dissolved aluminum, total copper, of the environment, the
of the Valdivia River the quality of the waters of the dissolved copper, total copper, Directorate General of water
basin basin. dissolved copper, total chromium, and the General Directorate
total iron, dissolved iron, total of the maritime territory and
manganese, dissolved manganese, merchant marine.
total zinc, dissolved zinc, nitrate,
phosphate, halogenated organic
compounds.
Decree High standards of Conserve or preserve aquatic Total aluminum, ammonium, Superintendence of the 27 November,
9 environmental quality ecosystems and their ecosystem organic compounds halogenated, environment, with the 2015
for the protection of services, through the chloride, fecal coliforms, collaboration of the Ministry
inland surface waters maintenance or improvement of electrical conductivity, biological of the environment, the
of the Bío-Bío River the quality of the waters of the oxygen demand, demand Directorate General of water
basin basin. chemical oxygen, total and the agricultural and
phosphorus, total iron, phenol livestock service.
index, nitrate, nitrite, total
nitrogen, orthophosphate,
dissolved oxygen, pH, total
suspended solids, sulphate.
Source: MMA (2011)
O. Melo and J. Perez
6 Water Quality Policy 99

to emphasize the fact that environmental conservation does not have human health
as the ultimate goal, but rather the conservation of environmental resources. The
objective of this standard is to protect and maintain water bodies of exceptional
quality, ensuring their qualities as a site of scenic and touristic environmental value,
to safeguard the use of water, aquatic communities and ecosystems (Decree 75).
The next secondary standard was published in June 2010, for Lake Llanquihue.
Located in the Los Lagos region (Macroregion South), it is the largest lake in the
region and the second nationally, and has as only drainage the river Maullín, which
is a priority site for biodiversity conservation in the region. The objective of the
secondary standard of Lake Llanquihue is to constitute an instrument for the sus-
tainable development of the lake, to prevent environmental deterioration, along with
the protection and conservation of aquatic biodiversity and the prevention of
antropic eutrification, maintaining the quality present in the lake to the date of the
publication of the standard (Decree 122).
In October 2013, the secondary standard of environmental quality for the protec-
tion of Lake Villarrica located in the region of Araucanía (Macroregion South)
entered into effect. It is a lake of glacial origin that occupies a basin at the end of an
extensive mountainous valley, molded by the action of the glaciers. Its main effluent
is the Trancura river, which contributes almost 90% of the incoming flow to the lake.
The objective of the standard is to protect the quality of the waters of the lake, in
order to prevent an accelerated increase of its trophic state, caused by the anthropic
activity, notably tourism, within its watershed (Decree 19).
In July 2014, the Maipo river (Center Macroregion) secondary standard was cre-
ated with the aim of preserving the water ecosystems and their ecosystem services
through the maintenance or improvement of the quality of the waters of the basin.
The environmental importance of creating the secondary standard for the Maipo
basin lies in the fact that this basin is located in the central Mediterranean zone of
Chile, which has been described as one of the 25 biodiversity hotspots at a global
scale. At the landscape level, the Maipo river basin is heavily degraded, a fact that has
significantly modified the composition and vegetative structure of the lower areas of
the basin. The Maipo river basin is home to approximately 40% of the national popu-
lation, which explains the great pressure for the use of water resources (Decree 53).
The basin of the river Valdivia is located in the regions of La Araucanía and Los
Ríos (Macroregion South), and is composed of the sub-basins of the rivers Cruces
and Calle-Calle. In November 2015, the secondary standard for the Valdivia river
basin was created, with the objective of conserving or preserving water ecosystems
and ecosystem services by maintaining or improving the quality of waters in the
basin. The basin has a high biodiversity of species and on its banks, inhabits a popu-
lation of about 370 thousand people. The main economic activities associated with
the basin are agricultural, industrial and, to a lesser extent, aquaculture. The estuary
systems formed in this basin, besides being one of the most important of the southern
zone of Chile, have an irreplaceable biological function in the production and devel-
opment of numerous species. In addition, in the lower part of the Cruces river, a
wetland was formed as a result of an earthquake in 1960, which was declared a
nature sanctuary. This basin is of great tourist importance for the region, with recre-
100 O. Melo and J. Perez

ational fishing activities carried out, and its water is also used for drinking supply.
The urban population of the lower part of the basin is mainly concentrated in the city
of Valdivia, which has sewage and wastewater treatment services. All these activities
have a negative impact on the quality of the waters of the Valdivia river basin.
Therefore, according to Decree 1, regulation is essential through environmental man-
agement instruments that allow to protect the quality of its waters and ecosystems.
The last secondary standard, enacted in November of 2015, and which is cur-
rently in effect, corresponds to the Biobío river basin located in the Biobío and La
Araucanía regions (Macroregion South). The Biobío river water-uses include drink-
ing water and industries, hydroelectric generation, irrigation, urban and industrial
effluent assimilation, aquaculture, recreation and tourism, aggregate extraction and
biodiversity conservation. The main risks for the protection and conservation of the
environment correspond to anthropic interventions at the level of the Biobío river
basin. These hazards mainly correspond to slope deforestation, soil erosion and
loss, aggregate extraction, changes in flow rates and river regime due to h­ ydroelectric
generation and irrigation supply, and to diffuse and point sources that discharge to
recipient bodies. The purpose of the standard is to conserve or preserve aquatic
ecosystems and their ecosystem services, by maintaining or improving the quality
of waters in the basin (Decree 9).

6.5 Surveillance Programs

According to the MMA, the monitoring of the secondary water quality standards
has to be implemented through a program which should include monitoring at the
points where quality parameters are measured following a technical guide. The
monitoring program is structured through two measurement networks, the official
control network, and the observation network or unofficial network. The official
control network, allows to evaluate the compliance of the standards and is the
responsability of the competent authorities. On the other hand, the informal network
allows to evaluate other conditions necessary for the management of water quality,
such as the environmental impact of anthropic order, the intervention of subsistence
productive activities and ecological states.
Subsequently, it is necessary to evaluate whether or not the parameters measured
through the official network exceed the value established for each parameter. Once
this information is obtained on the physicochemical and biological state of the water
body, the information is systematized for the general public’s knowledge.

6.6 Conclusions

The policies that regulate the environmental quality of the waters in Chile have
advanced significantly and a system that potentially will guarantee the quality of the
waters is already in place. However, it took about 22 years since the first
6 Water Quality Policy 101

pre-­eminently environmental law to introduce the basic institutional framework and

regulation to manage water quality and, at present, there are significant water qual-
ity problems and challenges (Vega et al. 2017). This delay is in part due to the lack
of systematic and reliable water quality information, differences in the technical
criteria and discretion of the authority in its application.
At the same time, water resources that have a secondary standard are to this date
only a very small fraction. It is difficult to unify secondary water quality criteria and
objectives, generating confusing and even conflicting water quality scenarios of riv-
ers and basins. A more comprehensive methodology should be sought, which can
account for the health status of the ecosystem, characterizing scenarios, models and
acceptable limits in social consensus acceptable to the development of the country.
Thus, a more decisive push to add more areas is needed for the regulation to have
a significant effect in the country. Because this means more funding, it would
­probably make sense to continue prioritizing those areas where the standards would
yield the highest net benefits to society.
Even if more areas are covered by the standards, this by no means suggests that
current policies and institutions ensure that target levels of quality will be main-
tained. On the contrary, this is a system that is recently being tested; thus, further
enhancements will undoubtedly require greater investments and adjustments to
meet the hydro-environmental demands of Chilean society. As shown in the cases
for each Decree presented above, the standards can be challenged by stakeholders,
who may demand more or less stringent limits. Therefore, it can be expected that
more standards will be challenged in the future. To face this situation the environ-
mental authority should become more careful in the justification of the level set for
the standard. Which again translates in more resources and proficiencies for the
institutions in charge.

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